OFCCP Regulations, Outreach/Recruitment, Accommodations & Disabilities

1. OFCCP Regulations, Outreach/Recruitment, Accommodations & Disabilities

2. Leah Lobato, DirectorGovernor’s Committee on Employment of People with Disabilities & Business Relationsleahlobato@utah.gov801-887-9538Utah State Office of Rehabilitation (USOR)

3. Agenda for the Session • Why have this training? What is OFCCP? • Disability Etiquette • Accommodations • Cultivating a Cohesive Team

4. Definition of Disability(from Rehab. Act 1973) • Mental or physical condition that substantially limits one or more of life’s major functions • Record of impairment which substantially limits • Regarded by others as having

5. Major Life Activities • Walking • Working • Speaking • Breathing • Doing Manual Tasks • Seeing • Self Care • Hearing • Learning • Writing • Interacting with Others

6. Exclusions from Definition of Disability • Current illegal use of prescription or other drugs • Certain sexual disorders & sexual orientation • Compulsive gambling, kleptomania, pyromania

7. Why do we need this training?

8. OFCCP Section 503 Revisions • OFCCP (Office of Federal Contract Compliance Programs) has implemented changes to Section 503 of the Rehabilitation Act of 1973 • Purpose is “Strengthening Employment Protections for Individuals With Disabilities”

9. Why Revise the Regulations? • Has been unchanged since the 1970’s • The current framework is not working • Evidenced by Bureau of Labor Statistics • 79% of individuals with disabilities are outside the labor force • 30% of individuals without a disability outside the labor force

10. Goal • Establish a single national utilization goal for individuals with disabilities • Federal Contractors and subcontractors would be required to set a hiring utilization goal of 7% of employees to be workers with disabilities • Based on ACS (American Community Survey) labor force and discouraged worker data • Each job group, or entire workforce if 100 or fewer • REMEMBER- This is a GOAL not a QUOTA or a CEILING

11. Overview • Incorporate changes made necessary after revisions to the ADAAA (ADA Amendments Act) of 2008 • Require annual review of personnel processes • Require outreach & recruitment measures • Mandate job listing requirements

12. Overview continued • Modify invitation to self-identify • Establish a national utilization goal • Require written RA (reasonable accommodation) procedures • Require increased data collection • Modify compliance evaluation procedures

13. Areas of Change

14. ADAAA • Applies equally to Section 503 • Broadens the definition of “disability” • Effective January 1, 2009 • Revisions consistent with amended EEOC regulations

15. Annual Review of Personnel Processes • Mandates previously recommended steps contractors must take to review their personnel processes, and to review physical and cognitive job qualifications • Review and document results • Reviews must take place annually rather than periodically

16. Mandatory Outreach/Recruitment Efforts • Requires contractors to: • List all openings with One-Stop Career Centers or other appropriate employment delivery systems (DWS and VR) • Enter into at least 3 linkage agreements • Annually review effectiveness of recruitment efforts • Document this review • Records must be kept for 5 years

17. Invitation to Voluntarily Self-Identify • Both pre-offer and post-offer invitations to self identify AND • Anonymous resurvey of employees • OFCCP mandates the text of contractor invitations – MUST use their form CC-305, OMB Control Number 1250-0005 • http://www.dol.gov/ofccp/regs/compliance/section503.htm • Will provide needed data to evaluate workplace practices

18. RA (Reasonable Accommodation) • Requires the development and implementation of written procedures for accommodation requests

19. RA (Reasonable Accommodation) Procedure • Procedures must contain these elements: • How to request reasonable accommodation • Written confirmation of RA request • Time Frame for processing RA request • Clarify when medical documentation may be sought • Denials must be in writing, include the basis for denial • Responsible official and contact information

20. Increased Data Collection • Contractors must document and maintain specific data, including: • Ratio of jobs filled to job openings • Ratio of applicants with disabilities to all applicants • Total number of applicants hired • Ratio of individuals with disabilities hired to all hires • Records must be kept for 5 years

21. Mozzeria

22. Microsoft

23. Disability Etiquette in the Workplace Rocky Mountain ADA Center Serving CO, MT, ND, SD, UT, & WY 800/949-4232 (V, TTY) www.adainformation.org

24. Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. Rocky Mountain ADA authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

25. The Vital Role of Disability Etiquette in the Workplace Business benefits of effective interaction Significance of disability focus

26. Importance of Etiquette Makes good business sense Employees, clients, and customers with disabilities are more comfortable Basic human courtesy Employees work more productively Huge source of new clients, customers, and employees

27. Disability Statistics 54 million Americans with disabilities 50% Deaf or Hard of Hearing 25% Mental Disabilities 2% Wheelchair users Aging Population 30% of families with one or more member with a disability

28. Etiquette Basics General strategies for practicing good disability etiquette at work

29. The Basics Put the person first & their disability second Don’t make assumptions about needs, abilities, or limitations Varying levels of abilities and limitations Create environment that permits people with hidden disabilities to disclose if necessary Accommodate requests for an interpreter, job coach, or advocate

30. More Basics Always ask before helping Treat adults as adults Be sensitive about physical contact Use common sense Apply basic courtesies to ALL people Relax!

31. Workplace Situations Etiquette strategies for specific workplace settings

32. Recruitment Etiquette Advertise job openings in disability-related publications Include details of job location Indicate flexible working conditions, if available Require equal credentials of all applicants Include EEO statement in postings

33. Reception Etiquette Know location of accessible restrooms, drinking fountains, and telephones Use normal tone of voice when welcoming Introduce yourself Offer to shake hands, if appropriate

34. Interview Scheduling Etiquette Ensure that interview location is accessible Be familiar with travel directions to location Offer expected duration and end time if asked

35. Interviewing Etiquette Conduct emphasizing abilities, achievements, and individual qualities Ask questions used with all applicants Ask “How would you perform the essential functions of this job?” Be patient when speaking & listening Use location with good lighting

36. Work Environment Review physical features of workplace and make adjustments if necessary Consider assistive technology available to increase accessibility Make employment-related materials accessible Prepare co-workers for adjustments and changes Allow flexible scheduling, if possible

37. Specific Disabilities Etiquette for interacting with individuals with various disabilities

38. Mobility Impairments Mobility devices are part of personal space Never lean on or push wheelchairs Accessible paths of travel around workspace Adjust equipment and supplies to fit within reach ranges When conversing, bring yourself down to eye level Remove clutter to avoid falls

39. Vision Loss Identify yourself when interacting Notify if stepping away/leaving Offer tour of workplace and allow time to orient to space Provide all print materials in alternate format of choice Offer arm/Don’t grab his Let her know about physical changes to facilities or layout

45. Service Animal Users Modify “no pets” policy to allow service animals, be clear on company policies that may come into play Ask before touching the animal Generally, do not pet or distract a working animal Do not offer food or treats to the animal Differences between Service, Therapy and Comfort Animals

46. Deaf/Hard-of-Hearing Different modes of communication (sign language, lip reading, etc.) Ask individual preferred mode Always get attention Face person and offer unobstructed view of mouth Maintain eye contact Use facial expressions and body language to convey tone Develop comfort in using TTY and Video Relay Service Consider having staff learn some basic sign language

47. TTYs & Video Relay Services (VRS) Learn to recognize incoming TTY calls Identify yourself when you pick up TTY calls can take longer than standard calls Don’t be nervous. It’s just a phone! VRS service

48. Speech Difficulties Give person your full attention Don’t complete sentences Ask to repeat/Repeat for verification Ask to write down Minimize distractions and background noise Never tease or laugh

49. Mental Health Issues Different psychiatric conditions Try to maintain manageable stress levels Eliminate stigma in the workplace through education Minimize distractions

50. Mental Health Issues